Figure B

Illegal firings charges occur in up to a quarter of union elections: Share of completed union elections with a ULP charge against the employer, by size of potential bargaining unit

Unit size Firing, narrowly defined  Firing, broadly defined 
All sizes (all elections) 14% 24%
50+ employees (completed elections) 19%  30%
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Notes: ULP charges are charges that an employer violated the terms of the National Labor Relations Act (Section 8(a) of the labor code) by interfering with workers’ rights to form a union and bargain collectively. Data by bargaining unit size are available for the subset of elections that were completed by the time we obtained the data in 2022. 

Source: Authors’ analysis of National Labor Relations Board election data for 2020–2022 and ULP filings from 2019–2022.

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